PIERCE v. GARDNER

No. 16254.

388 F.2d 846 (1967)

Bruce PIERCE, Plaintiff-Appellant, v. John W. GARDNER, Secretary of Health, Education and Welfare, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

Reconsideration Denied December 27, 1967.


Attorney(s) appearing for the Case

Bruce Pierce, for appellant.

Carl W. Feickert, U. S. Atty., Arthur J. Ginsburg, Asst. U. S. Atty., East St. Louis, Ill., for appellee.

Before HASTINGS, Chief Judge, and CASTLE and CUMMINGS, Circuit Judges.


CASTLE, Circuit Judge.

Plaintiff-appellant, Bruce Pierce, brought this action in the District Court to review a final decision of the Secretary of Health, Education and Welfare that he was not entitled to disability insurance benefits under the Social Security Act which, in so far as is here pertinent, provides in § 216(i) (1), 42 U.S. C.A. § 416(i) (1), that:

"* * * the term `disability' means (A) inability to engage in any substantial gainful...

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